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Building Official Request - Liability Issue

  • 1.  Building Official Request - Liability Issue

    Posted 11 days ago
      |   view attached

    I am in Charleston, SC and the local county building official is requesting that the AOR and EOR write a letter with a stamp and signature stating the following:

    "The AOR and EOR need to provide a letter explaining that this project is being built to their plans and it's safe to energize the building." 

    The request notes that this an office policy/procedure to release temporary commercial power. Ive attached the letter. 

    I have reached out to my liability insurance company for guidance on how to write this letter as I feel this would open me to liability. I have many concerns with writing this letter. In 30 years, I have never encountered something like this. 

    Curious of others opinions or if anyone else has encountered this.



    ------------------------------
    Michael Nixon AIA
    M Nixon Design, LLC
    Charleston SC
    ------------------------------

    Attachment(s)

    pdf
    TEMP POWER LIST SIGNED.pdf   302 KB 1 version


  • 2.  RE: Building Official Request - Liability Issue

    Posted 8 days ago

    I agree with your instincts - indeed 100% there is liability; that is the whole point and we shouldn't be scared off by that alone. But this is particularly odd because no architect I know actually knows whether it is safe to energize the building. Do you? MAYBE the electrical engineer might know. 

    I wonder how others in the same community where this is supposedly standard procedure have been handling it.  If there is similar concern amongs your compatriots, I'd suggest the local AIA chapter have a group discussion with the leadership of the AHJ and discuss what risks the AHJ is trying to shed onto those with stamps, and why they trust an architect's opinion on this issue (but probably not on others).



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    Scott Knudson AIA
    Knu Design, LLC
    Boyds MD
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    Original Message


  • 3.  RE: Building Official Request - Liability Issue

    Posted 8 days ago
    I wouldn't certify the contractor's work. First, you weren't there as it was being built, so you can't state what you don't know to be true.

    And A201 squarely places the responsibility for building to comply with the drawings on the GC. Their failure to build in accordance with the construction documents does not relieve them of their responsibility to do so. 

    Also, you would be providing services that are not normally a part of the Basic Scope of Services (if you're using AIA ConDocs.)

    I don't understand how these code officials think they can unilaterally, and after the fact, extend your scope and your liability. If the Owner was aware that such a certification was necessary when they applied for permits, perhaps they should have hired someone to oversee the GC on a full time basis.

    NJ requires that the Contractor sign an affidavit when they file for a C. Of O. that says they attest that the construction was done in substantial conformity with the approved drawings, or words to that effect.

    David Del Vecchio, AIA


    Sent from my iPhone



    Original Message


  • 4.  RE: Building Official Request - Liability Issue

    Posted 8 days ago

    This is not even on their website as required inspections.  



    ------------------------------
    Michael Nixon AIA
    M Nixon Design, LLC
    Charleston SC
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    Original Message


  • 5.  RE: Building Official Request - Liability Issue

    Posted 8 days ago

    Thanks Scott, Completely agree and I have contacted the local AIA and we have an building appeals council so there is that route as well.



    ------------------------------
    Michael Nixon AIA
    M Nixon Design, LLC
    Charleston SC
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    Original Message


  • 6.  RE: Building Official Request - Liability Issue

    Posted 7 days ago
    I read the letter you attached from the local official.  It says the builder needs to state why they are requesting Temp Power.   I'm guessing the project is just starting since it would be weird to request temp power at the end of the project. 

    Requesting that EOR and AOR sign a letter stating the project is being built in accordance with the plans they prepared is good as it helps to make sure they are paid. 

    As for the letter, search the web for the state of MA form for Initial Construction Control Document.  This is required to be signed and sealed by both EOR and AOR.  I think you can craft the letter following this as a template.  

    PS.    In a past project with temp power requirements, the inspector requested a sketch of how the temp power will be set up.  Also, this is often required by the utility company.  

    Benjamin J. Horten, AIA
    Email:  benhortenarch@gmail.com





    Original Message


  • 7.  RE: Building Official Request - Liability Issue

    Posted 8 days ago

    I agree with previous posts. I've never seen anything like this and I wouldn't sign or provide it. I would speak to the CBO and explain why it isn't a reasonable request to make of ANY architect. At best you could provide something about substantially complete. But more than that, no. 



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    Shane Martin AIA
    Arrow B Architecture
    Centennial CO
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    Original Message


  • 8.  RE: Building Official Request - Liability Issue

    Posted 8 days ago

    Plan is to talk with the inspector and write a letter attesting that the space was built per plans to the best of knowledge since Construction Administration services were not included in my contract of services. 



    ------------------------------
    Michael Nixon AIA
    M Nixon Design, LLC
    Charleston SC
    ------------------------------

    Original Message


  • 9.  RE: Building Official Request - Liability Issue

    Posted 6 days ago
    Why have city inspectors at all if the architect is going to attest to the contractor's work as this inspector is requesting?
     

    Mark J. Thiele, AIA | Facilities; Planning & Design | Mayo Clinic |  

     




    Original Message


  • 10.  RE: Building Official Request - Liability Issue

    Posted 7 days ago
    A. I'd say let the engineers figure out their own response(s) but be sure neither of you throw the other under the bus or steam roller.
    B. Does SC's architecture practice act require you to be involved during construction? 
    C. Have you made site visits?
    D. Does the Owner-Architect Agreement say anything about those visits, their nature & purpose?
    E. Have you received any information about work not complying with permit docs? If yes, what did you do?

    1. "Pursuant to SC statutes (if #2 is yes) and the owner-architect agreement for this project, we have made periodic site visits during construction.  It is our belief that the work generally conforms to the permit document requirements. However, by nature of the timing of those visits, we are unable to state that every requirement has been complied with in every case."
    2.  "We suggest that the contractor be contacted for information.  It is they who are required to construct according to the approved drawings. It is they who are the ones best positioned to correct any omissions or mis-constucted elements."
    3.  "FYI, here is a photo of inspection sticker on the electrical panels which appear to indicate that the installed work has been signed off."

    i. Don't "certify" anything.
    ii. See if you can get the contractor and/or electrical subcontractor to deal with this.





    Original Message


  • 11.  RE: Building Official Request - Liability Issue

    Posted 7 days ago

    I think signing an affidavit stating it's safe to energize the building is a bit of a stretch.

    Massachusetts requires the AOR and EORs to complete state provided affidavits as a requirement for the issuance of the building permit and at closeout for release of the Certificate of Occupancy. 

    The "Initial Construction Control Document" states that "to the best of my knowledge, information, and belief" the documents meet the Massachusetts State Building Code.  It goes on to state that the AOR, or a designated representative, will conduct required site visits to ensure the project is developed in accordance with code and the documents.  Further, that submittals will be properly reviewed to ensure conformance.  The document also states that, if requested by the building official, field/progress reports will be submitted.

    The affidavit must be signed and sealed by the AOR.

    The "Final Construction Control Document" requires the AOR to certify they, or a designated representative, "have been present at the construction site on a regular and periodic basis".  Further, that to the best of their "knowledge, information, and belief the work proceeded in accordance with" state requirements and the design documents.  The affidavit specifically notes that

    1. The AOR has reviewed, "for conformance to code and the design concept", typical submittals,  
    2. The AOR has performed services / duties in accordance with state regulations, and 
    3. A statement repeating the requirements of construction administration.

    The last line of the document states "Nothing in this document relieves the contractor of its responsibility regarding the provision of 780 CMR 107.

    The affidavit must be signed and sealed by the AOR.

    I've attached these documents for reference.



    ------------------------------
    Sam Andras AIA
    3rd Act Architecture and Consulting
    St Augustine FL
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    Original Message


  • 12.  RE: Building Official Request - Liability Issue

    Posted 7 days ago

    UPDATE

    Thanks to everyone for their responses. I got hold of the building official who wrote the policy requirements and let him know that I cannot sign a letter attesting to his request. After explaining my reasoning, he agreed with me and is going to change the language in the text. It is amazing to me that I was the first to push back on this requirement. How many other design professionals have put themselves and their businesses in harms way because of an errant building official. 

    Come to find out is that the Temp Power is not for construction power but rather for full power prior to all other inspections have been completed. This request from the building official is only for when the contractor is requesting final power hookups prior to all other inspections being signed off on. 

    This is a good reminder to myself and hopefully others....call and discuss things with building officials. 



    ------------------------------
    Michael Nixon AIA
    M Nixon Design, LLC
    Charleston SC
    ------------------------------

    Original Message


  • 13.  RE: Building Official Request - Liability Issue

    Posted 7 days ago
    This is an unusual request of the architect and engineer, as things like temporary power is requested by the builder, not the architect. Assuming the electrical systems have passed inspection, the AHJ is viewing the request as if it were a TCO, so it wouldn't surprise me that he is looking for reassurance that the building will not be occupied before final inspection. However, I would view this as a means and methods issue with the builder. 

    --
    Jeffrey Lee Schantz AIA, NCARB
    M 678 773 4140
    www.linkedin.com/in/jeffschantz/ / jschantz@alum.mit.edu




    Original Message


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